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welcome to america live, everyone, i'm alisyn camerota in for megyn kelly. and amid a recent string of economic concerns, the national unemployment rate just recently ticked up to 7.9%. consumer confidence has dropped to its lowest level in a year for the first time since the recession ended, the economy actually contracted, also, gasoline prices are unexpectedly spiking. the national average now at 3.60. 19 states have prices that are higher than that. stuart varney is the anchor of varney and company on the fox business network. he joins me now, hi, stu. >> alisyn. >> what are we expecting the president to say about the economy? >> a lot of what he will say has been leaked at least a broad outline and call for a more robust government presence in the economy and saying government and government spending which will rebuild the middle class.

he won't call it government spending, he will call it investing and three areas in particular where the president wants to raise the spending level, invest more. they are edation, energy, and infrastructure. he wants to raise the level of spending in those three areas, that he believes, will create jobs. all of this will be partly paid for by raising the amount of money that the government takes from wealthy individuals, raising the amount of money that it takes from corporations and getting more money out of oil companies. overall, alisyn, it will ab fairly aggressive pursuit of the same policies we've been seeing for the last four years, for the next four years. he'll be aggressive this year. >> critics will say this new term, investment in the future is a synonym for stimulus. is there an argument to be made that the white house, i imagine, will make that stimulus was short-term, nd decades to come?future are

>> speaker pelosi, former speaker pelosi in her appearance with chris wall lost on fox news sunday, said that investing in education was the best thing for the economy, brings in more money to the treasury. that may or may not be true. it may be true in the long-term, but that is the white house, that is miss pelosi's response to the accusation that stimulus is short-term, didn't work very well last time around. no, this time we're going for investing over the long-term. the president thinks that more government spending will produce more middle chas jobs short-term. that has been a yet to be proven theory. it didn't work in the has four years. the president will kind of double down tonight and hope that it will work better in the next four years. >> and how will that work? is that about building roads and bridges? i mean, is this about creating jobs because of massive infrastructure projects? >> yes, that is the broad

outline. we don't know the specifics, we don't know how much more in infrastructure, how much more in education or green energy, but there will be more spending in those areas. the thing that troubles a lot of people is that we're settling for the mediocre, we're settling for okay, we're going in the right direction, but not fast enough. 2% growth if we achieve that this year and the government has been we will not achieve that this year. 2% growth is just not good enough. you do not restore jobs and prosperity to america with a 2% growth rate. a lot of people are saying, look, we must not settle for the mediocre, we must go for america and always has been, a robust, a high growth society. >> stuart, let me show you a couple of new gallop polls that have just come out which show how the public feels about the president. the first question, how do you feel about the handling of the economy by president obama? 39% approve while 60%

disapprove of his handling of the economy. what do you make of that? >> i think the president is going to go over the heads of congress tonight and go straight to the people to repeat his case. follow me, follow government spending, follow my policies and we will achieve more growth. we've just got to give it more time. i think that's what he's going to say, because, obviously,'s' ignoring that kind of an opinion poll you just quoted, alisyn. >> stu varney, thanks for your analysis on this. a little more context of those spiking gasoline prices that we talked about. let's talk about this chart, the blue line represents last year and the redline this year. so you can see the price started out about the same in both years, but this year, gasoline has risen much faster and higher than the year before. in january, the national average was $3.32. now we're at $3.60 a gallon. and prices have gone up for 26 consecutive days now and it's now the highest ever for this time of year. we'll see if the president

addresses some of this tonight and more. the special coverage begins at 8:55 p.m. eastern right here on the fox news channel. and we have another developing story from washington for you right now and this could become a very big deal in the coming days. democrats accused of an ugly double standard. now, the republicans have raised concerns about cayman island bank accounts. one held by jack lu the president's pick to be our next treasury secretary. and democrats blasted mitt romney for having money for overseas account. check out this campaign ad from team obama. >> hi, i'm the national press secretary in obama for america. on tuesday "vanity fair" published an article on the millions of dollars that mitt romney had in tax havens like the bermuda and cayman islands. did he put money there to avoid paying taxes, we don't know he won't release tax

returns. >> it may put lew's nomination in jeopardy. very unusual for a cabinet pick. and joining us live from capitol hill. doug, what do we know. >> reporter: and they say that jack lew has been confirmed in various posts and no reason why he shouldn't be again. republicans beg to differ and mounting sentiment his nomination for treasury secretary may be blocked. at the heart of his trouble. a cayman island investment for citigroup. and while they say that lew paid all taxes associated with that account president obama has repeatedly criticized off shore accounts as you just saw during the campaign of 2012, mitt romney's investments in such an account. leading the charge against lew up here is ranking member jeff sessions of alabama and he also criticizes lew for being the architect of two failed obama budgets which garnered

absolutely zero votes up here in the senate, sessions says, quote, he made a series of outrageously false statements about these plans to congress and the american people. and mr. lew's budget and egregious disregard for the truth for fiscal reform and in so doing placed this nation and its citizens in financial danger. these actions alone are disqualifies and sessions threatened this just last night, listen up. >> with cabinet people we try not to do that almost done ever in the senate, but this is a big deal. >> reporter: lew was the chief operating officer of citigroup from 2006-2008. citigroup was the largest recipient of any banking institution of bailout money, almost half a trillion dollars, that no doubt will come under tremendous scrutiny as jack lew's confirmation

hearing for treasury secretary gets underway here. >> all right. doug, thanks for that. new revelations to track down that ex-lapd officer going on a killing rampage, gunned down at least three people allegedly for retaliation for being fired from the lapd back in 2009. well, now we're learning that dorner was seen purchasing scuba equipment just two days before the murders and that he may also be capable of flying a plane. trace gallagher is live for us from los angeles. what have you learned, trace? >> reporter: that's the reason that all the southern california airports have been put on alert and you have to go back to the scuba gear and how it fit into the plan. he was seen buying the scuba gear two days before the first murder at the sporting goods store in torrence, south of los angeles courtesy of our friends at tmz. he did train in undersea

warfare with the navy and clearly knows how to dive and police say he tried to steal a boat in san diego, telling the boat owner that he could pick it up in mexico. but a rope got stuck in the propeller and he had to flee the scene. but on a boat, scuba gear suddenly becomes handy especially if you plan to ditch in open water. now the time line of this whole thing is changing. listen to what lapd chief charlie beck said about the stolen boat or at least the attempt a few days ago. listen. >> wednesday, february 6th, about 8:30 p.m., in san diego, an attempt robbery boat theft. dorner attempt today steal a boat from a boat owner in san diego. he was not successful and fled the location. >> reporter: did you hear him say 8:30 he later changed that to 10:30 p.m. which means he tried to steal the boat, failed and went to shoot three police officers and then apparently fled to big bear and now the marshal's affidavit says the boat

attempt was at three o'clock in the morning, an hour and a half after the police officers were shot. his wallet was then later found where you see right here at the border crossing between tijuana and san diego. hours later was when the burned out truck was found in big bear. days later there is still no sign of christopher dorner in big bear, but there's now a belief that he might possibly be in mexico, in fact, there was a raid today at the tijuana hotel and that turned up nothing. the entire time line now changing alisyn and there's still no sign anywhereof that man, christopher doren. >> wow, it sounds like a needle in a haystack search, we'll talk with investigators later in the program where they go next, thanks, trace. the testing of a nuclear bomb is sending shock waves across the globe. how close north korea might be to putting a nuclear warhead on top of a missile.

the american hero to red the world of osama bin laden says the country he risked his life to defend has now left him to fend for himself without any health care benefits or even a pension. the head of a concerned veterans group joins us live to talk about what options this hero may have. and new concerns with the future of u.s. health care as we hear that one of the country's biggest states is desperately short on doctors. >> if you like your doctor, you're going to be able to keep your doctor. if you like your plan, keep your plan. ♪

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♪ >> well, you may remember that bizarre video we showed you last week produced by north korea. it features images of an

american city going up in flames. today the regime of kim jung un took another step toward making that vision a rehe alalr north korea claims it's a response to what it perceives as threats from the u.s. and warns there could be more coming. fox's greg palkot is live in london with more, hi, greg. >> reporter: that's right, the reaction to this north korean blast have been fast. and security council has been condemning it for what it's worth. u.n. nuclear officials tell me that the test conducted on the site in the remote northeast corner of the country was twice as powerful as the last one in 2009, based on their seismic measurement. while still waiting for more intelligence, they also say that in fact, the exact nature of the blast still needs to be found out. and do not dispute the north korean claim it's more contact and better engineered and all

this, gets pyongyang nearer to a nuclear warhead and inter-continental ballistic missile and called it successful long range missile in december and that put it, beginning to put it in range of the united states. one expert told me it showed that north korea wants to tie together its missiles and nuclear program. what is significant politically, this is the first nuclear test of the young new leader of north korea, kim jong un of his reign and the timing is crucial, days before the birth date of his father, kim jong-il and president obama will deliver the state of the union address. and we're getting word from the state department that they have some kind of advanced notice of this test, but not an exact date. not too much they can do. the white house described it as provocative. back to you.

>> alisyn: greg palkot. thanks so much. for more context we're joined by fox news strategic analyst ralph peters. >> hi, how are you, alisyn. >> alisyn: doing well. what do we make of this action by north korea. what does it tell us about their capabilities? >> it tells us, first of all, they're increasingly desperate. as far as actual accountability goes, greg palkot nailed it. it gets them a bit closer to nas menacing us. and a warhead and getting a missile that can actually hit the continental united states or even hawaii, but they're bullies and by being bullies, playground bullies, and i prefer to think of north koreans, alisyn, as really, really bratty 13 or 14 year olds throwing violent tantrums demanding an iphone. well, if you're a fool you give them the iphone and then next when they want an ipad or an autographed picture of

alisyn camerota. so it never somtops. right thing to do discipline them and cut off the allowance. even though we have sanctions on them, the global community has sanctions, china subverts the sanctions and china is the one player that can influence north korea and china is losing patience, but ultimately when the north korean registarves its own people and dying of hunger we feed them and their hardline has to be met equally by a hardline on our side. >> alisyn: today the united nations security council is calling an emergency meeting to try to figure out what to do about this, but when asked what their response will be, ambassador susan rice says, quote, we'll do the usual drill. it sounds like you're talking about nothing. >> well, they'll try to find some way to tweak the sanctions.

again, the key player isn't us. it's not all about us, even though north korea uses us to rally domestic morale, he understands, he understands. the key player in the region and certainly north korea is china. shares in north korea on one hand it doesn't want a unified korea, it doesn't want south korea to win or a u.s. ally right on its border, but on the other hand it's also getting impatient with north korea's belligerence and truculence. it's a military with a lot of starving people and if the regime collapses they're worried about millions coming cross, flooding across the river into china. the bottom line for us is this: we need to be the adult, the parent, not give in to the wild teenage tantrum. and not reward bad behavior.

i don't care-- >> and, but i want to ask you about that. i mean, that's very hard for us, very hard for us to punish the people because obviously, we know it's the regime. how can we deprive the starving poverty stricken people of food? >> by not giving them food. alis alisyn, look, i don't want anybody starving, i don't like this, but we americans think there's always a good solution if we can only figure it out. in the real world there's only less bad solutions some of the times and frankly, if we keep feeding north korea, and if china, especially, keeps propping it up, then the north koreans eventually are going to do something really stupid. the great danger here is that the north korean leadership. they live on another planet. their logic is different and the great danger is all of us misunderstanding one another and tumbling head long into a devastating war on the korean peninsula, i stress on the korean peninsula.

>> alisyn: lt. colonel ralph peters, thank you so much. >> my pleasure, alisyn. >> alisyn: the president is expected to add more things to the state of the union address, and tomorrow, the president is also going to add a growing list of executive orders on everything from immigration to gun control, to same sex marriage. judge andrew napolitano says there's a serious problem getting larger here. he's going to be with us live and explain all of that. and texas governor rick perry is riding into california, offering local business a chance to find a new home on the range in texas. a place where he says taxes are low and profits are high, that story is next. [ male announcer ] susan writes children's books.

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>> and folks near tampa getting a scare when they

noticed this eight-foot alligator sticking out from a storm drain three blocks from an elementary school. someone called the sheriff's office and they found the gator slipped down into the sewer. took place, wild life officials and burly civilians and oil of vegetable tub of oil to get the alligator out. i smelled fried alligator. and they took him to a nearby alligator farm. texas governor rick perry rising eyebrows this week, he's on tour of california right now making his pitch to business leaders there and inviting them to pull up stakes and moving them to texas. the governor says they will find things like lower taxes, less regulation and cheaper energy prices, but the politicians in california do not appreciate the texan hospitality. lauren simonetti is live in the fbn news room. >> the governor of perry, his

pitch sounds pretty persuasive. >> building a business is tough. but i hear that building a business in california is next to impossible. this is texas governor rick perry and i have a challenge for california businesses, come check out texas. >> and things aren't just bigger in texas, but better, too. 6.1% and california has the third highest jobless rate in the nation at 9.8%. and in texas there are property taxes, but no corporate or state income tax. the poverty rate is much lower than in california, which at 23 1/2% is the highest in the nation. plus, things just cost less in texas like gas. those are some reasons why huge multinational corporations most recently caterpillar, toyota and samsung are moving, building and expanding and the lonestar state welcoming them with open arms. california's lt. governor says don't pack up the u-haul just

yet. here is gavin newsom. california has more venture capital emanating from any state in america, an essential place to do business. >> and newsom adds at that california is starting to look sunny again. the dark cloud of debt hanging over the state finally starting to dissipate. back to you. >> alisyn: lauren, thank you so much. new concerns for the future of u.s. health care and one very big state you may recognize the name, is desperately short of doctors and facing a big wave of retirement. up next, the radical plan to fix that crisis. plus, a navy seal who rid the world of usama bin laden ready to retire and saying that america has left him to fend for himself. we'll talk to a concerned veteran group, what is happening with this true american mere owe. and your experience captured on video, plunging toward earth from 13,000 feet

completely unconscious. how he survived and what others can learn from this ordeal. ♪ ♪ learning to fly, but i ain't got wings ♪ ♪ coming down ♪ ♪ is the hardest thing ♪ .

>> fox news extreme weather alert now. some major consequences for folks in connecticut following

last week's snowstorm. governor dan malloy saying that snow accumulated during that storm is now causing people's roofs to collapse. at least 16 people have already reported some sort of damage. meanwhile, there is an also a possibility of even more snow moving into the area sometime tomorrow night. and meteorologist maria molina is live in the fox weather center. it i just say more snow tomorrow, maria? >> more snow tomorrow night, basically into thursday morning and also looking at a possibility for another nor'easter as we head into this weekend. so, we're looking at two storms that could be bringing in more snow. the good news about the storm tomorrow night it's going to stay relatively weak. if you live in manhattan. two to four inches of snow and that's pretty much the story for people in long island and also into parts of connecticut and southern portions of new england. not too bad, but the storm right now is already producing big time headaches across portions of the southeast. we do have very heavy rain falling across portions of georgia, alabama, mississippi

and we do have a flash flood threat out here with a number of watches in effect and a severe weather threat in the form of tornados, damaging wind gusts and large hail from southern georgia, the florida panhandle and westward into the city of new orleans and you could also be seeing that possibility for severe weather today. there's a winter side of the storm developing across the texas panhandle and oklahoma and talking anywhere between 8 to 12 inches of snow and a maximum amount and factoring in the wind and white-out conditions on the he roadways. this is a computer model, ali. look at it as we head into 9 a.m. wednesday and the center will be off shore of new york city, again, just light amounts and yes, more snow coming up wednesday night into thursday morning. >> all right, maria molina thanks so much for at that warning. warning. >> i know a lot of doctors, i work with a lot of doctors i

didn't find a lot of support for it. i found a lot of people who were really quite disappointed. >> and what bothered them, doctor? what was it that caused them the greatest concern? >> well, first of all, it's an expansion of the bureaucracy. you know, what do you need for good health care? you need a patient and you need a doctor. along comes the middle man to facilitate the relationship and it has become this mammoth creature that completely controls everything. >> alisyn: that was dr. benjamin carson of johns hopkins university appearing on fox news channel, your world with neil cavuto. he made headlines for knocking the president's health care laws at the national prayer breakfast and shined the light on the problem on the first state that tried to implement the law. california realizes it does not have nearly enough doctors to handle the influx of new patients. according to the l.a. times, only 16 of the state's 58

counties even meet the federal government's recommended standard for number of doctors. what's more, almost 30% of california's doctors close to retirement age and that has some suggesting that the state expand the definition of doctor to allow nurse practitioners, pharmacists and optometrists to act as primary care physicians. let's debate this. a syndicated radio talk show host and fox news contributor, and welcome to the show both of you. >> hi, good morning. >> chris, are you comfortable with your pharmacist giving you your full exam next time you go into cvs? >> this is just classic big government tripping all over itself to try to correct their last error, isn't it? now we've got what, the cuban model, venezuelan model for medicine in america. no, no i am he' not. no, i like going to a doctor. that's the way that i grew up, call me a spoiled american, but california once again, the condor in the coal mine is leading the way.

they're showing us this debacle of a health care bill is going to create more problems nan it solves and they're coming up with solutions that are not solutions at all, that are just going to make matters worse and kind of third world our health care system, as it were. >> alisyn: leslie, it's not like we didn't know this was a possibility. i remember doctors on fox news, our medical a-team warning that with the influx of new patients that we see with the affordable care act, aka obamacare that we would have a doctor shortage and sure enough now it's happening. >> actually statistically, you're right, but long before actually president obama was the president, my husband's an orthopedic surgeon, i co-own a medical center. know a lot about this one, guys, and i live in california, chris, you don't have to come out here. i would agree with chris, i don't want my pharmacist giving me medical information, but almost every woman out there can nod your head how many times does is nurse practitioner or a pa drawn blood or done a pap smear.

there are already people in doctor's offices assisting physicians in the the manner that they should. that being said, we did not look at the number of retirees. january 1st of this year-- excuse me, last year, 10,000 people a day for the next 19 years entering medicare. people crowding the emergency rooms, hospitals having to merge, they don't have enough staff. and emergency rooms and hospitals closing down. this is why, quite frankly, the affordable care act didn't go far enough. and when you look at doctors reimbursements being cut not only by the federal government, by the private sector, absolutely no caps on medical malpractice, now you're going to get to sue your nurse practitioners and pa's and pharmacists and chris, i agree it's not the answer and don't blame it on the affordable care act. this was a perfect storm about to happen. >> alisyn: chris, do you agree it mass nothing to do with the affordable care act, this is in fact what obamacare was designed to try to stave off

all of the sort of ominous picture that leslie was pointing out? >> no, you'll be surprised to learn that i don't agree. i love california, i lived in california for seven years in santa barbara, a great state, too bad it's falling into the ocean because of insane leadership. no, look, you just articulated the problem and in a new way, and that is that, you know, it wasn't anticipated that we're going to have all of these doctors retiring, 30% or something of doctors in california retiring, he so the problem is going to get worse and worse, but we knew the population was aging, one of the reasonsway wanted to take this on. kind of a major oversight in the scheme of things i've got to say if we've already got health care practitioners and various medical offices performing these tasks, that means they're in critical mass. the solution is not to throw more patients at the number of the small number, the inadequate number of health care providers that we have. >> yeah. >> and in fact, that there is no solution. obamacare is responsible for this.

obamacare was supposed to be the cure for this, the remedy for this, the fix for this. and it's not only not the fix for it, it exacerbates and compounds not just the central problem, but the microproblems along with it, what a catastrophe. >> i want leslie to get one last answer. even if obamacare didn't cause a shortage of doctors and that could have been a gathering storm as you point out. what about what dr. carson said it expands the bureaucracy and that's not what doctors ever wanted. >> directors never wanted that, but before the president was president, for crying out loud. ten, 20 years ago this started happening even before that. we have less people entering the medical school profession. they can't afford to pay back when they come out as a general practitioner, family medicine internist working hmo 70, $80,000 grand a year to pay back 500,000 in school costs and entering the profession. then you have to look at restraints.

the reason my husband has to run so many tests chris is not because he has so many patients which he does, it's because he has to cover his butt so he doesn't get sued. >> right. >> that's how it is, that's what we've done in america. >> that's right. >> and the responsibility to the patients, we've flooded emergency rooms and the government said, whoa, and america, we have a problem. we didn't look into prevention, and that's what the affordable care act is trying to turn the clock back to do so that we can go back to our doctor. >> alisyn: of course and we know the affordable care act and congress did not go anywhere near tort reform. >> tort reform. >> right. didn't go far enough. >> alisyn: what doctors are calling for. leslie marshal, thanks for your expertise exactly the right person to book on this and chris, thanks so much for the debate. as we get new information that suggested the biggest manhunt in california's history could get even bigger we're' going to look at the claim that triple murder suspect christopher dorner may have had some help in hits apparent escape possibly into mexico and an american hero who rid

the world of usama bin laden says the country he risked his life to defend says he's been left to himself. he'll have no health care, no pension, no benefits when he goes to retire ahead of time. a concerned veterans group is going to join us to talk about what the options really are that this hero to have. >> tonight i can report to the american people and to the world, the united states has conducted an operation that killed usama bin laden the leader of al-qaeda and the terrorist responsible for the murder of thousands of innocent men, women and children.

>> esquire magazine went to print yesterday with the first interview with the navy seal that shot and killed usama bin laden. and he told about the raid, but the eye opening came when he detailed how he wants to he retire early and he's facing a

future with no health care and no pension. and that's why the esquire cover says the man who killed usama bin laden is well, screwed. here is phil on hannity last night. >> if you quit before 20, you get zero. unlike private enterprise years for-- for years served. there's actually insurance available through the va, only for him and not for his family. five years of free insurance, president bush signed that into law in 2008. and he didn't know about it and didn't get it. part of the problem is there are some services out there, but the dod is not very good at communicating that to the vets. >> alisyn: joining us now to talk about all of this, the ceo of concerned veterans for america, hi, pete. >> hi, how are you doing?

thanks for having me. >> alisyn: what an expose' on so many levels, this guy, phil bronstein says he checked and rechecked many sources and this is the shooter of usama bin laden. how can this hero go without a pension, go without benefits, go without health care? how is that possible? >> well, his story is very powerfulfully exemplifies many dysfunctions and difficulties our warriors are facing when they come off the battlefield. in the transition process sometimes happens in a matter of days with little information as he powerfully demonstrated and also in the va system which while it may cas able it to care for his loved ones and also, it's just a bloated bureaucracy that doesn't meet the needs for 21st veterans. it's a pencil and paper bureaucracy growing in scope that has to be dragged into the digital aid to meet the unseen injuries that required mental health specialists.

we don't have enough of them and the va isn't meeting these needs. >> alisyn: speaking of these injuries, let me layout the laundry list that he details of what he has acquired in the past 16 years that he had been doing these heroic navy seal raids. this is from the article. i'll read it to you. but the shooter will discover soon enough that when he leaves after 16 years in the navy, his body, filled with scar tissue, arthritis, tendinitis, eye damage and blown discs, here is what he gets from his employer and a grateful nation, nothing. no pension, no health care, no protection for himself or his family. and there is some criticism of this because he does get health care, as you just said through the va system, but it turns out, he didn't know how to accent this and nobody ever told him. that's a flaw in the system. >> that is a flaw in the system. and it's hard to believe, actually, of a navy seal of 16 years wouldn't know that, but you know, it's so complicated and disparity, and these guys

are the best of the best of the best and think of the professional athletes at the top of their game. training staff waiting on them, they're getting all their needs met and when they're done with their career they're out there, like you and me at anytime fitness waiting at their doctor's office in the regular world. and what's the big difference? that athlete was paid millions of dollars to do what they do. this navy seal made maybe 60 grand a year, plus some combat pay now he can't talk about what he did because it's all classified and walking into a civilian world can't talk about it, he's not a rich man, without an immediate ways to cash in on it unless he wants to carry a weapon as a contractor. he's in a really, really tough spot and i don't think the nation came to grip with the media with names and identity can be exposed. how can we care for these guys so it's on a track for these warriors, and this guy who put bullet in the head of usama bin laden. >> alisyn: and for his family, you're right he did make $60,000 a year, not a lot of

money to sock away and even if he could go to the v pachlt heal-- va. or-- >> should go to uva. >> alisyn: and the health system can't cover your family. if you can't cover your sick child you may go bankrupt when they have illness. >> you may feel like you don't have insurance. there is a tri care transitional program family members are supposed to be enrolled in. if he didn't know about the va side, what does he know about transitional tri care benefits for the family? it's a disgrace and we must do better and the va must answer for it. >> alisyn: very quickly, how do we do better. >> you've got to digitize this stuff and create incentive i've gone through the va program with a g.i. bill, you were a number as opposed to an individual whose needs need to be met and a bureaucracy responsive to the need. and it's what bureaucracy

created and needed to be dragged into the 21st century and tough questions asked. >> alisyn: always nice to talk to you. >> thank you. >> alisyn: new details from the catholic church what led to the stunning retirement of pope benedict. we're live from the vatican, what is going to happen with the first pope to step down from 600 years. if skydiving makes you squeamish, and wait until you hear about this man's experience, his chute malfunctioned and he fell 13,000 feet while unconscious, we've got the amazing story. yes, he survived.

>> we have some terrifying new video to show you that

captures the heart stopping moment when a california sky diver realized there was a problem with his parachute. there was a problem high above the earth, and caused the man to black out 13,000 feet above. and trace gallagher, i'm nervously thinking about it. >> reporter: he had been skydiving for two years and this was his 30th freefall and document today document the thing with a go-pro video camera, right, and jumpings out of the plane and exhilarated you can see that he's very excited when he begins this freefall. and he's at 13,000 feet, right? you can hear him screaming and then, he suddenly gets a jolt. and the parachute opened up and you can hear him later kind of talking outloud. thinking to himself. if you will that he's in trouble. listen to this. >> it's opened up. at 13,000 feet. still have plenty of time. it just opened up. >> yeah, plenty of time. but he doesn't know what to

do. air not supposed to deploy above 6,000 feet because the air is thin and cold and unclear if the parachute will open all the way. he considers maybe dumping the first parachute and using the backup, instead for some reason that's unknown, he blacks out. and for 20 minutes, he falls, unconscious, and somehow, amazingly, lands inside the drop zone. well, he remained unconscious for two more weeks, broke some ribs and bumps and bruises and came out okay. the f.a.a. investigated the whole thing and found it was a critical velcro strap on the parachute that caused it to deploy animal functioning lines in there and here is his landing by the way, he lands unconscious and finally help him and get him to the hospital and the skydiving school disputes what they say. they blame it on him saying he didn't have the experience to do that jump. >> alisyn: people, just stay on the ground, okay?

that would solve a prosecute of problems. thanks, trace. all right. up next, details on a computer program that can predict how your life will unfold before it ever happens. we'll look at the potentially ground breaking tool that privacy advocates could say could track your every move. and a shadow over the state of the union address, who is now on the list and a debate over second amendment rights. and depending on which brand of bourbon you drink, you may have to make it a double next time you hit the water erring hole. we'll explain why. ♪ to the mandible and contusions to the metacarpus. what do you see? um, i see a duck. be more specific. i see the aflac duck. i see the aflac duck out of work and not making any money. i see him moving in with his parents and selling bootleg dvds out of the back of a van. dude, that's your life. remember, aflac will give him cash to help cover his rent, car paymen and keep everything as normal as possible. i see lunch.

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>> this is fox news alert. we're just hours away from president obama's state of the union address and things are already getting ugly on capitol hill. welcome to a brand new hour of america live. i'm alisyn camerota in for megyn kelly today.

and house speaker john boehner lashing out at the president today. saying he did not think that the command ner-in-chief has the guts to address the nation's debt and deficit. and based on the tone of the inaugural address he expects tonight's speech to be very partisan. chief white house correspondent ed henry is live at the white house for us. ed, are we expecting it it to be very partisan. >> there's no doubt that the federal has signaled that he's going to have a more aggressive approach in the speech tonight that he feels liberated after being reelected and frankly one of the last opportunities he has to have such a grand stage, such a big megaphone to sort of grab the attention of millions of americans about what his agenda in the second term is. by the time the next state of the union comes around he's going to start being a lame duck. there's no doubt about it. he wants to move on his priorities. so, he spoke briefly with reporters a short time ago and asked how the speech is coming along. he said we'll find out tonight and then his aides have been out there this morning,

including gene spurling one of his top economic advisors and saying, we'll hear a lot from the president tonight is investment and republicans say that's more about spending government money and they say inside the white house, it's about stimulating the economy. take a listen. >> a stronger middle class, better educated, you know, working in manufacturing, innovation, entrepreneurship, small business, these are the things that drive further economic growth. we've made a lot of progress since the deep recession of 2009, but this president's going to make very clear we have a lot further to go on job creation, on bringing down the deficit and investing in our people. >> now, you hear that brief mention of the deficit there so they say inside the white house the president does want to bring spending down, but when he mentions the word investment, republicans like speaker boehner, as you noted think it's more about government. he said i don't think he has the guts to do it. he doesn't have the courage to take on the liberal side of his own party, never has.

so interesting on a night when we might see both sides come together at least a little bit and talk about what they may get done in this new congress that's meeting now. instead, you have a president who is planning to give perhaps a more partisan speech and a republican speaker laying down the gauntlet before this speech and saying he doesn't think the president has the guts to cut spending and really tackle the deficit. >> alisyn: that does not sound like a harbinger of coming together of both sides. >> they'll be up there tonight together. so that could make for an interesting little moment. >> alisyn: all right, we will be on the lookout for all of those moments, ed henry, thanks so much. >> good to see you. >> alisyn: one issue threatening to overshadow the president's state of the union remarks is gun control. inviting a whole range of gun control advocates to capitol hill tonight leading one republican to respond by inviting musician ted nugent, a fierce second amendment defender, this as vice-president joe biden reached out to what he called the legitimate media, trying

to recruit them for helping to get new gun laws passed. >> we're counting on all of you, the legitimate news media, to cover these discussions because the truth is that times have changed. >> alisyn: chris stirewalt is a fox news digital politics editor and host of power play on foxnews.com live. hi, chris. let's talk about the possibly awkward juxtaposition tonight there in the audience with gun rights advocates and gun control advocates all listening to the president. >> you know, when you get down to it, these state of the union speeches in the modern era are dog and pony shows and they're tout there and somebody's going to bring their dogs and other people going to bring their ponies and they're going to put them out there and they're going to do this. that's always been the case whether it's ted nugent or whom ever it is. though i don't think we'll get to hear cat scratch fever, but

that's too bad. the truth is, and we know this, the vice-president, you heard the vice-president there talking about the fact that he wants the legitimate media, however he defines that to carry forward the issue of gun control. when the president talks about gun control tonight, the press, the establishment press that joe biden is talking about there doesn't need encouragement to pick up this story and run with it. neither do the liberals in the president's party. the president is going to talk about a lot of things, he he'll go through a laundry list of policy we know that to be true. but unvariably the issue of gun control, so polarizing, so divisive. liberal base of the party, by the way the same folks that vice-president biden would need to cater to if he were to mount a presidency run in 2016, so incendiary, whatever else he's talking it's likely that this issue will predominant the day after and become the take away. and it sounds like it could be

particularly incendiary. ted nugent appears gun rights advocate, he has said some very inflammatory things in the past and he's going to be sitting there somewhere near these-- all of these victims of gun violence, in fact, 22 house members have invited people who have been affected by gun violence. i mean, it sounds like a poignant back drop, but also one where there could be palpable tension. >> oh, ali, i fully expect mr. nugent to be a perfect gentleman out there and this is not his first rodeo and expect that the folks that are very, very hard core gun control activists, gun banners, want a complete ban on guns and firearms in the united states who will be there and expect they will be well behaved and people generally rise to the occasion in this moment, but when you think of the raw numbers and the story lines out there. we know this, it will be

impossible for those reporters the vice-president was calling out to yesterday to resist telling and telling the story that they relate to newtown, gun control and these issues and certainly mr. nugent. >> alisyn: i like your optimism. >> hey. everybody's going to be fine. >> alisyn: you have high expectations and i think that that is -- it's very, very nice. all right, chris stirewalt. thanks so much for the preview, it should be interesting. >> you bet. >> alisyn: all right. mer, tune in tonight for special coverage of the state of the union. bret baier is going to kick things off at 8:55 p.m. eastern here on the fox news channel. we have new information on the biggest manhunt the search for the expolice officer could be south of the border and police believe that christopher dorner may have had help along the way to escape into mexico.

william la jeunesse live from los angeles, what do we know about anyone who might have been helping dorner? >> according to federal court records a friend with the jy may have provided safe haven to christopher dorner as well as possible assistance in escaping police and jy is identified in his manifesto, as j young. and he had a cabin in big bear. and sitting fire to the truck and possibly because of a broken ankle or identified by police, dorner had to get off that mountain. several hours later the u.s. marshal saw jy in his vehicle down in orange county about 60 miles away from big bear and he could have provided the assistance that dorner needed to get off the mountain and to

escape. now, police are not commenting specifically on that, but they're not eliminating any scenari scenarios. >> it is frustrating and we're hopeful that something will break loose from the the public and that these investigative leads will result in something very positive in terms of bringing this to a conclusion. >> right now there are three possibilities. he could still be in san bernardino or somewhere dead, and they continue the search. he could be in l.a. still a talking victims and going to mexico and raided a hotel last night in tijuana, no sign there. and obviously that's so serve racking for the general public. what are police telling them to do? >> well, it's like who wants to be a millionaire in l.a. so we've got the 1 million dollar reward now posted over the weekend. the number of tips coming in to the task force, 250 to more than a thousand they're looking at right now.

where about, may be possible sightings of this guy dorner and that reward is likely to go up another 300,000 thanks to the l.a. city council and riverside board of supervisors and finally just to underscore where we're at in this investigation, police just today asked residents up in big bear after six days of a manhunt to provide any surveillance video that they may have from their homes that may show dorner or what kind of vehicle he may be travelling in. the bottom line, ali, police here are not sharing almost anything with us in the news media despite two conferences every day, little details about that investigation, back to you. >> let's hope they're closer than they're letting us know. william la jeunesse, thanks for the update. we'll have much more on the massive manhunt for christopher dorner and why word he may have escaped into mexico complicates bringing him to justice. we'll get take on this later

in the hour. >> and we're getting reports that starting tomorrow, the president is expected to add to it a growing list of executive orders. on everything from immigration to gun control, to same sex marriage, but judge andrew napolitano says there are serious problems getting la larger here, he'll join us live after the break. and people are living in filth as their broken down cruiseship, reports of urine-soaked rugs and sewage. really gross. we have the very latest on their dire situation coming up. and a shocking decision by a popular scotch company. why bakers mark decided to water down its liquor. ♪ in ameri today we're running out of a vital resource we need to compete on the global stage. what we need are people prepared for the careers of our new economy.

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>> there's a new tornado risk in mississippi today. the very same state ravished by a twister over the weekend the. a powerful ef 4 tornado blew threw sunday mangling hundreds of homes and injuring more than 80 people. and amazingly though, no deaths were reported and authorities are crediting an early warning system which alerted folks a half hour before the tornado hit. but rain and storms today could seriously complicate the cleanup effort. forecasters are calling for as much as three inches of rain and wind gusts as high as 60 miles per hour and that could be especially dangerous because it could knock down trees already weakened by the recent tornado. well, we're getting reports that starting tomorrow. president obama could begin signing a series of new executive orders on some controversial issues. the orders which would allow him to bypass congress reportedly include policies that would give new protections to gays and lesbians and toughen regulations for cool fired power plants and judge andrew

napolitano, and the judicial analyst. >> alisyn, always a pleasure. >> give us some perspective on how unusual it is to use this many executive orders that the president plans to? >> well, first off an executive order is a piece of paper signed by the president directing someone who works for him. that's three million civilian employees, and two and a half million military employees to do their job the way he wants them to do. the president can't tell fox how to broadcast, the new york times how to print, chase manhattan bank how to manage money. he can only direct the executive branch employees as to how to do their job. sounds like it's pretty confining. >> it does. >>, but statutes have given him a lot of discretion, so, for example, he could say to the environmental protection administration, an independent regulatory authority independent of him. he appointed his people there, i would be very interested in seeing you tighten the regulation on coal fired plants. make it more expensive for

them to produce heat by coal there by putting them out of business and going in a direction he wants them to go to. he could say to the veterans administration, which works for him, to the military, which works for him. i want you to change the laws on-- or i want you to change the regulations on spousal benefits of same sex married couples, even though under current federal law, there are no such benefits. he could say to the secretary of the treasury, i want you to tighten regulations on the banks. he could say to the justice department, the large class of immigrants, i don't want you to prosecute them. all of those things would be lawful for the president to do because of power given to previous presidents that is now his to exercise, even though congress has decided knots to wade in there. >> alisyn: you know what the president, i assume, would say that congress is mired in gridlock so he's just not going to wait for them to take action and the american people want some action taken on some

of these things. so, he's going to circumvent them. does he have an argument? >> well, he has an argument in the areas that he can regulate. you just had a great interview with our friend and colleague chris stirewalt. the president would like to sign an executive order confiscating guns, he can't do that. he'd like to sign an executive order banning certain type of guns, he can't do that. but he could have the epa decide, you know what? guns use bullets, bullets are made of lead, when lead gets in the earth it contaminates the earth and someone's got to clean up that contamination, so let's charge the bullet manufacturers for the cost of cleaning up the bullets when they hit the earth. and that would increase the price of bullets, which would effectively the attacks. and would congress have enacted the tax? >> no, who is going to enact the tax. >> epa. says only congress can enact the tax. that's an area the president will try to get away with something under the constitution only congress can

do. look for that tonight, alisyn and i think the democrats will applaud when he says that, and i don't think they have enough to do this. >> alisyn: and talking about laying out executive orders or epa regulations. >> i think's going to layout exactly what he wants to accomplish because if his inauguration address he could have gone like this to the american people let me bring you together instead like that, divide you by class, if that's any indication of what we can expect tonight. look for a strident, big government, hard left path to be laid out by him and one of the actors of that is gun control. the government thinks they can keep us safer than we can keep us safe. >> alisyn: judge napolitano. >> these are exciting times. >> alisyn: help us understand them. >> a pleasure. >> alisyn: what was supposed to be a fun vacation for 4,000 people has turned into a nightmare. a cruiseship at sea is without power and we're told

conditions are getting worse and disgusting by the hour. and the vatican a day after pope benedict stunned the world announcing he'll resign at the end of the month. we have a live report from shepard smith. >> i'm sure that they'll find somebody that could, you know, further the catholic faith in a way that's strong. my bad. tell me you have good insurance. yup, i've got... [ voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. nope, i've got... [ voice of dennis ] the allstate value plan. it's their most affordable car insurance -- and you still get an allstate agent. i too have... [ voice of dennis ] allstate. [ normal voice ] same agent and everything. it's like we're connected. no we're not. yeah, we are. no, we're not. ♪ ask an allstate agent about the value plan. are you in good hands?

>> some dire conditions are getting worse by the hour for thousands of passengers trapped on a carnival cruise ship drifting in the gulf of mexico. we're getting reports of carpet soaked in urine and sewage running down walls and

raw onion sandwiches for dinner. yikes! they ha been stuck since sunday when the power outage knocked out navigation and plumbing. new hope for the arrival of the tug boat and they were hoping to go to mexico, but since it drifted they're headed to mobile, alabama and should get there sometime thursday. well, there are more questions today for the roman catholic church and the billion plus catholics around the world. all over pope benedict xvi's stunning decision to resign the end of the month. and the vatican revealing new details of the health of the 85-year-old pontiff and the centuries old tradition of selecting his replacement. our own shepard smith is live in rome. >> hello, alisyn. >> alisyn: so shepard, the first pope in 600 years to

step down. how are italians responding to this news? >> i think there was a bit of shock initially and now a great deal of curiosity about what will happen. there were some questioning, well, will the former pope help pick the new pope? no. the vatican says he will be out of the way and not be involved even in the politics of it it all. that's what they say. and what do you call the former pope when he's a former pope. since 1415 haven't had to deal with that sort of thing and it's possible he'll be cardinal ratzinger again. and we know he'll live in the monastery in the back of the vatican city which you see over my shoulder and he'll write and pray, and the sorts of things that all cardinals do. there are a lot of questions whether there's something he has to say about the current pope then cardinal ratzinger, i surprise and differs with the new pope, is there a

division in the church? all of these things percolating and these folks and catholics wonder why, what happens when there's a pope and a former pope. >> alisyn: shepard, you know italians, some of your closest friends, i can say this because i'm italian-american. we love the theatrical. we love drama. we love opera, we love palace intrigue. is there a lot of discussion about conspiracy theories of perhaps not believing that this is just about his health? >> of course. and absolutely. and, but they had worked very hard to get in front of those things and even come out and said, look, he had a pacemaker, something probably people would have learned at some point. and he's had a pacemaker since before he was a pope and a couple of months ago, he had the batteries changed in the pacemaker under a veil of secrecy only his closest aides knew it. he went to a hospital here in rome somewhere, had the batteries redone, and never even missed one appearance.

even the press corps, which follows the pope as closely i'd say the white house press corps follows the president, had no idea of all of this. so they're lifting the veil on some things that might have pushed along conspiracy theories, and you'll figure in the end they'll come up with new ones. the vet can says the pope is just running out of gas. i'm tired, i'm old, i don't feel i can give all that i could give at one point. he says his body has slowed down and now given indications that his mind has slowed down at some point and leading us to believe, alisyn, that a year ago when the pope visited both mexico and cuba he felt himself completely out of gas and exhausted and decided he was going to give up the pace and even told his own brother about it at the time and kept the secret from all of us and a couple of days ago, he made the announcement. i'm sure he would send shock waves throughout the catholic world, nonetheless here we are at a moment of history, not since 1450. even o'reilly wasn't alive

then. >> alisyn: hard to believe. shepard, what happens next? >> well, next on the 28th, of this month, 28th of february, the resignation becomes official and then there's no pope and sometime in the 15 to 20 days after this they have a conclave. they bring all the cardinals in, i think there are 106, 117 of them and only the ones under the age of 80 can participate in the conclave and they'll vote on the little sheet of paper and probably take a few goes as a few years ago and white smoke will rise and the cardinal will come to the balcony and say we have a pope and there will be great celebrations, as italians and catholics and i guess, really, everybody here on this fat tuesday loves to have and the church will go on as it has for centuries before and i'm sure for centuries to come. there's a great deal of excitement here. a huge economic boom in a country that can very much use it now and there will be no mourning, which i think is new

and in some ways exciting. you can celebrate this pope's life, his accomplishments and talk about the few areas some people felt he might have fallen short, while he's still alive without having to mourn and without having to bury. so i think it will be an exciting time in rome and throughout the catholic church. >> alisyn: shepard, we'll be watching you a half hour from now when you report on rome from studio b. thanks so much. all right. as the president puts the finishing touches on the state of union address, there are questions whether reelection has actually changed his personality. we'll tell you what some aides told one media outlet that is raising eyebrows today. and new reports suggest that the biggest manhunt is headed south of the border. how he may have escaped to mexico and why the manhunt could get messier if suspicions are true. one of the makers of bourbon

says water down its kick.

♪ >> well, as the president gets set to deliver his fourth state of of the union address, there are now questions whether reelection has actually changed his personality? some unnamed aide telling new york times the president has quote, shown an assertiveness,

self-possession and even cockiness that contrasts with the caution, compromise and reserve he showed for much of his first term, leaving the author to question whether the president will overreach and alienate some americans and cement the partisan divide that he once promised to bridge and the readers to ask who gave this story to the times and why? let's debate that. joe trippi is a form campaign manager for howard dean and erick erickson author of "red state.com." gentlemen, thanks for being here. >> and good to be with you, alisyn. >> alisyn: eric, let me start with you, there are a lot of descriptions in the article in the new york times, some of them good, some less flattery, assertiveness good, self-possession. cockiness not so good. why would somebody in the the inner circle talk about the new personality traits they see? >> well, you know, i think it's interesting they're characterizing them as new. i don't know that they

necessarily are new. this is a guy on the campaign trail in 2008 in an interview said he was better policy person than policy people and better political strategist than his political people. i think they're now a little more free to talk about it and a worry among some of the democrats that i've talked to and afraid there could be overreach. second terms typically don't go well for presidents and some of them want to raise warning signals to try to rein back in the president. >> alisyn: joe, what do you hear? >> well, i think eric is right. i don't think there's much change. the president has been fairly confident and put his proposals and his gaerns out there and pushed through his health care plan despite a lot of opposition to it and i think he's got a very aggressive agenda for the second term and i think they believe, i mean, my understanding from talking to folks, is that they believe with their new organizing for action, ofa, taking the campaign apparatus and actually extending it into the

presidency and getting the grass roots active and passing this agenda, that they can extend the period before he becomes a lame duck. they actually believe they can give-- you know, can get more action done, more of the agenda done prior to the 2014 mid terms and even think that they might be able to win those mid terms in a way that gives him more power in the last two years. very, very ambitious and, well, audacious, words the president used in the past plan. >> if you don't think that those character race particular, assertiveness, self-possession, cockiness are new. some used to describe him as a law professor, deliberative, and let me read you another part of the article that sounds like people think there's been a personality shift. he says that, the article says here, he even carries himself

a little bit differently. he is relaxed, more volumable more confident than unusual, freer to drop profanities, and dismiss other's ideas. and supporters fear hubris. again, these are people in his circle, are they sending him a message? >> yeah, i think to some degree they probably are. remember, this is a guy who is never going to have to go before the voters again for himself and showed the pro pensty in 2010 and 2012 where he really didn't campaign for a lot of other democrats, he made it about himself. there's no guarantee that the coalition that got him elected in 2008 and 12 will come out in 2016 and didn't in 2010. so, he kind of has the weights off his shoulders and some things he doesn't have to care about and the voters reelected me by a significant margin and thinks he has a mandate to go. >> alisyn: of course his critics thought that the president had a propensity for

hubris, where people didn't think he was suffering from any inferiority complex, but again, these are people in the white house now now describing him that way. is that a change? >> again, i don't think so. i think eric's right. i think, look, he's free now. he doesn't have to stand for reelection again. he knows what he wants to try to accomplish in his last term. and he feels he's got the wind at his back with a lot of support from the majority of americans on a lot of the key issues that he wants to fight on. whether it's immigration, gun control, these are big-- they may be divisive, but he believes he's got over half the country with him on these things and again, he's facing a fractured republican party that's going to have two or three different responses to his speech tonight. so, i think if there's a real feeling, and by the way, i do believe there is a problem with overreach, that that--

all of those things can lead to overreach. a fractured opposition party and you feel you can ram right through it and get your agenda done. that can -- could possibly end up with overreach and turn the tide against him, but right now, i think he's going to try to push it and push his agenda through. and i don't see at least to date the republicans able to respond to that tonight. >> well, joe, it seems like that's true, what you're saying and in fact, eric, we know he's going to be announcing new executive orders, starting even this week. so, perhaps someone in the white house is kind of telegraphing overreach because they're seeing evidence of that? >> yeah, i think probably so. if you look at the gallup polling today. americans tend to disagree with the president on his overall gun approach, his overall approach to the economy and his overall national security approach. i think he's got to be careful.

was he reelected by the american people because they endorsed his agenda which was shallow during 2012 or because they rejected mitt romney. if it's because they rejected mitt romney as we think. the public wasn't giving him a mandate for his agenda which he never campaigned on, they were just rejecting mitt romney. >> so, doesn't joe, the state of the union address should we be looking not just for the substance, but perhaps the difference in style of the president? >> when i expect the speech is going to be aggressive. i look more to what is the order of things he talks about. and what'serarchy of the speech what he's going to press on and where he's going to come from, but i don't think you're going to see a lot of compromise. i think he feels he tried that, it doesn't work in the first term, he's got support of the american people and he's going to push for the things he wants to push for and he doesn't have a price to pay anyway because he doesn't stand for reelection ever

again. he'll never have to stand before the voters again. >> alisyn: we'll see what happens tonight. joe trippi and erick erickson, thanks so much. >> thanks. >> alisyn: the defense company that brought us the patriot missiles apparently working on a brand new software that's sending chills down the signs of some privacy advocates and the new technology can gather tons of data from social media sites which it was used to predict people's future behavior. trace gallagher is live in the west coast news room. tell us about that. >> it's actually a joint project with the defense contractor and a national security system to take the trillions of entries of cyber data and trying to analyze them, right? they named this thing formally the rapid information overlay technology or riot for short. what it does, it takes all of your facebook stuff. your cell phone stuff and twitter stuff and analyzes it and mixes it up and comes up with not just where you've been, who you've contacted or

what you've done, but also what you're likely to do in the future. for example, they followed a raytheon employee and every time he posted pa pictures in one of the various cities, location of the photo and they matched it with google maps and pinpointed exactly where he was and what he looked like, finally, they checked all the places he's checked his phone or his facebook, his twitter account, and they came up with a likely pattern of future behavior and in this employee's case his likely pattern was, for example, the gym. listen. >> monday is the highest day followed closely by wednesday, and then here is the most interesting, if you look in check-ins by hour, 6 a.m. appears to be obviously the most frequently visited time at the gym. so if you ever wanted to get a hold of nick or his laptop you

might want to visit the gym at 6 a.m. on monday. >> reporter: kind of crazy, they can take your entries and get them down to the millisecond where you made them and where you'll go next. and civil liberties groups are outraged and cell phone companies and internet providers they say they're not being consulted in all of this, but new technology really kind of pinpointing where you might be at a precise time in the future, alley. >> alisyn: wow, i wish the software could tell me what i plan to do next. that would be really, really helpful. thanks, trace. >> reporter: sure. >> alisyn: the massive manhunt is getting even bigger for the ex-cop and triple murder suspect, and of why he may have gone to mexico and could bring problems bringing him to justice. a former fbi will weigh in next. anyone have occasional constipation,

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our top stories, the effort to nap that ex-police officer now fugitive wanted for murder. we told you that police now believe christopher dorner may have escaped into mexico. this of course widening the manhunt which is already the biggest in california's history. stretching from los angeles to big bear lake and now, it's expanding even more to include areas south of the the border. phil daley, an investigator joins me now. hi. i don't know how the investigators find a needle in the haystack with that wide of a search area, his wallet found one place and they know he might have been in san diego, might be hiding in the woods in mountains, in mexico, what do you do? >> well, you've got to track down each one of the leads. what we're not seeing behind the fabric is what the investigators have been able to find checking his personal contacts and people he knows and places he frequented and what they would expect this pattern of behavior to be. we're seeing it from the

outside and it's complex and i do believe he's kind of thrown a few lines out there to distract the authorities, but they're behind the scene trying it figure out how to predict where he may be. >> how could he have crosseded the border without a wallet. >> a couple of ways, and the same way could have come into the country. could have come not at one of the check points. and sometimes going into mexico is not as rigorous as out of mexico and we don't know the authorities were notified perhaps of his presence or anticipation of crossing the border. we don't know how much on alert they were. at this point i think it seems to be more kind of suspect than confirmed that he's in mexico. and keep the focus off where the search may be. >> alisyn: and they can't take the focus off anywhere, if he is in mexico, how much harder does that make the search? >> it makes it more difficult because you're relying on law enforcement agencies in mexico to assist on this as opposed to in the u.s. you have more control, you have the fbi, and helping to integrate some

interstate leads and those types of things. in mexico even though they have good cooperation, you don't have direct control of it. >> we have a report earlier that one of his friends may have helped him somehow. do you think, given how long he's been out and how many people have been looking for him. he has had help? >> very interesting, the longer he goes now, the longer he had more extensive plans in place, where he had food, he had money, he had other means to keep himself alive, or he had help from other people, either in that preparation or even after he started to go on the run. the longer he's out there. the longer it suggests his plans are a lot more deeper and a lot more specific than we may have thought before. >> you know, he wrote in his manifesto, that he wanted to wreak havoc with the lapd and their families and wanted everybody to have the sense that no one is safe anywhere, your children aren't safe. he's going to perpetrate asymmetrical warfare and can't help, but think that he's deriving some perverse

pleasure by the manpower to finding him. i know it's ridiculous perhaps, but any way they could just ignore him and let him flush himself out somehow? >> well, you can't ignore the fact that he's put people's names on a list and that's what they were doing to protect some of the individuals when he started in the last rampage of shooting people. in a way you're saying ignore him, but on the other hand he's proven himself to be a killer, proven himself to list people and go after people and need to provide protection and that's one of the things that kind of driving, certainly the fact that he's killed people, is driving the investigation. but not knowing, the now cost, increased cost not just of mobilization of people to look for him, but protecting all of those people on the list. it becomes a monumental efforts and even some ways, you know, he may derive that kind of satisfaction for the moment, but let's not kid ourselves. we don't know what his limit of rationality is, needs to be wrapped up in a law and order, csi kind of week long series of events. it doesn't have to be that

way. it's at his timeline, when he feels as though he wants to perpetrate the next act and it could be as we've seen in other cases in the past, months if not years that this thing carries itself out. >> alisyn: we looked at how long it took to find eric rudolph and the uni-bomber and regular fugitives, but so many people are looking for him let's hope it ends soon. >> let's hope so. >> alisyn: the monks called it the water of life, depending on which brand you drink, your next class of whiskey could be more watery than before. why you may want to make it a double on the next trip to the watering hole as a popular brand of bourbon announces it will soon be watered down. ♪ it's not with us. [ ding ] oh, that's helpful! well, our company does that, too. actually, we invented that. it's like a sauna in here.

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♪ whiskey's gone and i ain't leaving ♪ >> premium kentucky bourbon, makers mark is apparently in short supply. rising demand around the world making it hard to find in some spots and now the distillery plans to water down the recipe so there's enough to go around. and trace gallagher is on the west coast, what does it mean for my daily mint julep? >> it's going to be awful. makers mark says the demand hasn't been higher and can't produce it faster because they have to age it in barrels five to six years depending when the tasting panel says it's ready to go. in a lot of places it's hard to find. to get more, they plan to water it down a bit. reducing alcohol from 45% to 42% so instead of being 90 proof, it will be 84 proof. now, some makers mark fans as you might imagine are concerned they're getting less booze for their buck and the stuff is not cheap. their slogan is, it it tastes expensive because it is.

right? the company says it's done extensive tasting with new makers marks customers and panels cannot taste the difference at all, right. the lower alcohol, by the way is only temporary until the distillery in loretto, connecticut cco kentucky can be expanded and true afficianados shouldn't be worried there will be plenty on hand. and i'm not sure who the makers mark afficianados are, that's when you roll the picture, there you go. i've never had this stuff. is it close? close in. >> alisyn: your image is on there. >> reporter: right, isn't that cool. >> alisyn: very cool. >> reporter: a buddy gave me that for one of my birthday, i think it was 50. but, yes, it's great. and that's 45% alcohol, ali. you know, and i've got to admit i just did once or twice. >> alisyn: and first of all, it's half gone, but you've arrived when your picture is on a makers mark bottle.

trace gallagher, thank you so much. >> reporter: sure. >> alisyn: and we'll be right back. ... i was in the ambulance

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